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On the Commercial Lien of Property Law

Author: JinZuo
Tutor: HanChangYin
School: Shanghai Jiaotong University
Course: Civil and Commercial Law
Keywords: Property Law Lien Shoji lien Lien Priority
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 127
Quote: 1
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Abstract


Lien' dissertation">Lien as an important legal system , to guarantee the debts of fulfillment, to protect the security of transactions , safeguarding the stability of the commercial transactions . Lien system is commonly used by the legal system of the countries in the world . China \legal system. This is in line with the status quo of China 's social development , but also to meet the needs of economic development , and the interests of creditors in the protection of economic exchanges , encourage commercial development , an active market , and to promote economic development is of great significance . But compared to more mature foreign Shoji lien system , established by China 's Property Law and Commercial Matters lien there are still many problems to be solved , the Shoji lien main \operators , etc. Can be included ; the Shoji lien objects to determine the scope , the securities can be applied ; from the same legal relationship is limited , how retained property range limited , these issues are still controversial . If these problems can not be properly resolved, will result in judicial practice can not be accurately applied Shoji lien weaken the significance of the presence of Shoji lien system , will enable the creditors , the debtor , even the commercial interests of the third party damage , commercial exchanges negatively impact. This paper will analyze these issues and relying on foreign-related commercial matters lien legal system , proposed legislation Reference and suggestions to make Shoji lien truly play its due role in the country .

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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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